Defying the Impasse” Reflects the Reality of Defying Those Fighting for Rights, Respect for Diversity, Democracy and Peace in Southeast Asia
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It is widely recognized that, everywhere, the history of Human Rights and Peace in Southeast Asia Series 2 human rights and peace is a history of struggle, and Southeast Asia is no exception. In every single country in the Region, people have been struggling DEFYING THE for the enjoyment and better protection and promotion of their human rights. Everywhere, there are always people who, in one way or another, are defying IMPASSE powers that abuse, marginalise and violate rights and freedoms. “Defying the Impasse” reflects the reality of Defying those fighting for rights, respect for diversity, democracy and peace in Southeast Asia. the Impasse Azmi Sharom Sriprapha Petcharamesree Yanuar Sumarlan Joel Mark Baysa-Barredo Muhadi Sugiono Abhay Luthra Naparat Kranrattanasuit Human Rights and Peace in Southeast Asia Series 2 DEFYING THE IMPASSE Southeast Asian Human Rights Studies Network Bangkok, September 2013 The Southeast Asian Human Rights Studies Network (SEAHRN) is an independent consortium of academic institutions and research centres which provide human rights and peace education through study programmes, research and outreach activities within the Southeast Asian region. The Network, which was established in 2009, currently has 20 members from seven countries: Cambodia, Indonesia, Lao PDR, Malaysia, The Philippines, Thailand and Vietnam. SEAHRN was born out of a common dream to enhance and deepen the knowledge and understanding of emerging and seasoned scholars, educators, researchers and advocates as well as other in stakeholders from the Region about human rights and peace. The goal will be achieved by engaging in collaborative research, improving course curricula and study programmes, sharing of best practices and conducting capacity building training of educators, staff and students. Furthermore, it seeks to strengthen regional academic and civil society cooperation to sustain effective promotion and protection of human rights and peace in the Region. The Network desires to open its doors to interested institutions and individuals who share its vision for human rights and peace in Southeast Asia. Human Rights and Peace in Southeast Asia Series 2: Defying the Impasse Copyright © Southeast Asian Human Rights Studies Network, September 2013 Supported by the Canadian International Development Agency (CIDA) ISBN 978-616-279-345-5 SEAHRN Secretariat Institute of Human Rights and Peace Studies (IHRP) Mahidol University | Panyaphipat Building 999 Phuttamonthon 4 Rd., Salaya, Nakhon Pathom 73170, Thailand Tel: (66) 2-441-0813-5 Fax: (66) 2-441-0872-3 Email: [email protected] Website: www.seahrn.org Chief Editor: Azmi Sharom Editorial Team: Sriprapha Petcharamesree, Yanuar Sumarlan, Joel Mark Baysa-Barredo, Muhadi Sugiono, Abhay Luthra and Naparat Kranrattanasuit Book Project Coordinator: Joel Mark Baysa-Barredo Secretariat Staff: Melizel F. Asuncion & Joel Mark Baysa-Barredo Book Content Designer and Printer: Scand-Media Corp., Ltd, Bangkok, Thailand Other Publications by SEAHRN Human Rights in Southeast Asia Series 1: Breaking the Silence (2011) Human Rights and Peace in Southeast Asia Series 3: Amplifying the Voices (2013) Human Rights in Southeast Asia Series 2 DEFYING THE IMPASSE i FOREWORD The publication of the SEAHRN Human Rights and Peace in Southeast Asia Series makes an invaluable contribution towards generating interests in, and enhancing understanding about, the human rights conditions and practices in the ASEAN region, as well as the critical link between human rights and peace. The first publication in the series was aptly titled “Breaking the Silence,” and this second book in the series is also tellingly titled “Defying the Impasse.” Talking about human rights in Southeast Asia, one can either see the issue as a glass half empty or a glass half-full. It must be admitted that while on the one hand human rights as a universal value is now enshrined in the ASEAN Charter which has been ratified by all of the member states, on the other hand its interpretation and implementation has been so diluted and constraint by numerous caveats, clearly demonstrating the still equivocal attitudes of some ASEAN members towards the protection and promotion of human rights in general. Pessimists would argue that it is probably a losing game to put the protection and promotion of human rights on centre stage in South East Asia, when for so long the principles of national sovereignty and non-intereference in each other’s internal affairs have reigned supreme in ASEAN. While ASEAN members have succumbed to some pressures to pay greater attention to human rights, especially in light of the democratisation taking place in key ASEAN states, notably Indonesia, and thus formally agreed to adopt these principles in the ASEAN Charter, in the final analyses ASEAN is still primarily an inter-governmental organisation, and the majority of ASEAN member states are not democracies. While democratic polities do not necessarily have perfect record in protecting and promoting human rights it is neverthless a recognised fact that human rights, especially those pertaining to civil and political rights, would be generally denied in a non-democratic system of government. Yet at the same time optimists, and I count myself as one, would argue that ASEAN has gone some considerable distance in transforming itself, and neither the region as a whole nor the organisation can be immune to the forces coming from within, namely from the national dynamics, nor from the wider international environment. While the end of history is not yet here with us, and the recent setbacks in a number of the so-called Arab Spring countries show us that transition to democracy tends to be messy and does not always end well, we have nevertheless crossed an important historical line in our views of the relations between the States and the people they govern. Notwithstanding that nation-states still constitute the primary actors in international relations and that the pursuit of national interests is regarded as the legitimate need and concerns of all governments, it is no longer acceptable that those in charge of governments violate human rights in the name of protecting national interests. Governments can no longer comfortably hide behind the facade of national sovereignty when they carry out policies against theit own citizens deemed unacceptable by the wider international community. After allowing a number of atrocities to go unchecked in the immediate post-Cold Human Rights in Southeast Asia Series 2 ii DEFYING THE IMPASSE War period the international community has lately developed a conscience with the introduction of the concept of “Responsibility to Protect” (RtoP). While remaining problematic as an instrument of international law, the RtoP concept can play a role in preventing ruling regimes from committing gross violations of human rights, and in helping to foster new norms and values about the importance of protecting human rights as an integral part of becoming a modern and civilised nation. The conferences organised by SEAHRN and subsequent publications of selected papers fill important gaps in the region’s knowledge and understanding about human rights in ASEAN, especially as they provide comparative regional perspectives. In countries that already have well functioning national human rights commissions there may be a tendency to view that the existing ASEAN human rights mechanism has little added value and thus is of little importance. Such an inward-looking perspective, however, would be a disservice if one were serious in desiring to develop an ASEAN Community in which the protection and promotion of human rights will be regarded as fundamental values. After all, the reality is that ASEAN comprises of ten countries with varied systems of governments and practices, and recognising the concrete challenges and impediments to human rights would give us better ideas of what would and would not work, rather than wishing to impose highly idealistic but impractical solutions immediately. For those coming from countries where human rights are not yet regarded as important national concerns, the comparative perspectives provided by this book would also be instructive. By telling and sharing the various experiences of a number of ASEAN countries SEAHRN has underlined that, the human rights problems are common throughout the region, and that no one country can claim to be truly superior to others in its human rights record. In doing so it is hoped that the publication of this important book will not only provide us with better insight about the challenges we face in ensuring better human rights protection within ASEAN, but equally important in helping to reduce the political sensitivity about the subject of human rights as a whole. It is also to be hoped that the publication of this book would indeed contribute to ending the impasse in improving the human rights conditions in all of the ASEAN countries and in increasing support for a stronger regional human rights mechanism that can assist regional members in improving their respective national capacity where needed. Jakarta, 9th September 2013. Dr. Dewi Fortuna Anwar Chair, Institute for Democracy and Human Rights-The Habibie Center Deputy Secretary for Political Affairs to the Vice President of the Republic of Indonesia Human Rights in Southeast Asia Series 2 DEFYING THE IMPASSE iii A MOMENT OF REFLECTION AND GRATITUDE The Southeast Asian Human Rights Studies Network (SEAHRN) launched its first publication, Human Rights in